Legalize / United Kingdom / Scotland / Act of the Scottish Parliament

Regulation of Care (Scotland) Act 2001

Type Act of the Scottish Parliament

Publication 2001-07-05

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

PART 1 — THE COMMISSION AND CARE SERVICES

Constitution of Commission

Amendment of Children (Scotland) Act 1995: after-care

1

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Care services

Sexual Offences (Amendment) Act 2000 (c.44)

2

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Power to amend the definition of “care service”

3

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Information and advice

4

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National care standards

5

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Complaints

Complaints about care services

6

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Registration

Applications for registration under Part 1

7

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Limited registration

8

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Grant or refusal of registration under Part 1

9

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Improvement notices

10

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Special provision for certain care services provided by local authorities

11

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Proposals and applications in relation to registered care services

Cancellation of registration

12

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Condition notices

13

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Applications under Part 1 in respect of conditions

14

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Further provision as respects notice of proposals

15

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Right to make representations to Commission as respects proposals under Part 1

16

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Notice of Commission’s decision under Part 1

17

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Urgent procedures for cancellation of registration etc.

18

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Conditions as to numbers

19

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Appeal against decision to implement proposal

20

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Offences

Offences in relation to registration under Part 1

21

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False statements in applications under Part 1

22

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Offences by bodies corporate etc.

23

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Fees

Registration fees

24

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Inspections

25

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Integrated inspections

26

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Further provision as regards inspections

27

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Regulations

Regulations relating to the Commission, to registration and to registers

28

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Regulations relating to care services

29

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Transfer of staff

30

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Miscellaneous

Arrangements entered into by local authority or health body: services to be registered

31

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Giving of notice

32

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PART 2 — LOCAL AUTHORITY ADOPTION AND FOSTERING SERVICES ETC.

Local authority applications for registration under Part 2

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Grant of local authority application under Part 2

34

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Condition notices: services registered under Part 2

35

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Applications under Part 2 in respect of conditions

36

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Right to make representations to Commission under Part 2 as respects conditions

37

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Notice of Commission’s decision under Part 2

38

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Appeal against decision under Part 2

39

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Offences under Part 2

40

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Report to Scottish Ministers

41

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Default powers of Scottish Ministers

42

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PART 3 — THE COUNCIL

Constitution

Constitution of Scottish Social Services Council

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(1) There shall be a body corporate, to be known as the Scottish Social Services Council (in the following provisions of this Act referred to as “the Council”), which—

(a) shall exercise the functions conferred on it by this Act or any other enactment; and

(b) shall have the general duty of promoting high standards—

(i) of conduct and practice among social service workers; and

(ii) in their education and training.

(2) The Council shall, in the exercise of its functions, act—

(a) in accordance with any directions in writing given to it by the Scottish Ministers;

(b) under the general guidance of the Scottish Ministers; and

(c) in a manner which encourages equal opportunities and in particular the observance of the equal opportunity requirements.

(3) Schedule 2 to this Act shall have effect with respect to the Council.

Registration

Register of social workers and of other social service workers

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(1) The Council shall maintain a register of—

(a) social workers;

(aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) social service workers of any other description prescribed; and

(i) participating in a course, approved by it under section 54(1) of this Act, for those wishing to become; or

(ii) employed in positions probationary to their becoming,

social workers or social service workers of such other description.

(2) There shall be a separate part of the register for—

(a) social workers;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) such persons as are mentioned in paragraph (c) of that subsection.

(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) It may be prescribed that as from a specified date a specified part of the register shall be closed, so that on and after that date no further persons shall be registered in that part.

(4) The Scottish Ministers shall consult the Council and such other persons, or groups of persons, as they consider appropriate before making, varying or revoking an order by virtue of this section.

Applications for registration under Part 3

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(1) An application for registration under this Part ... shall be made to the Council in accordance with rules made by the Council.

(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) An application under subsection (1) above shall specify—

(a) in relation to the register, each part of it in which registration is sought; and

(b) such other matters as may be required by the rules.

(3) Any person who, in an application under subsection (1) above, knowingly makes a statement which is false or misleading in a material respect shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Grant or refusal of registration under Part 3

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(1) An application under section 45(1) of this Act for registration under this Part may be granted either unconditionally or subject to such conditions as the Council thinks fit to impose.

(2) If the Council is satisfied that the applicant—

(a) is of good character;

(b) satisfies such requirements as to competence or conduct as the Council may by rules impose; and

(i) satisfies such requirements as to education as the Council may by rules impose and has successfully completed a course of training, approved by the Council, for persons wishing to become social workers or, as the case may be, for persons wishing to become social service workers of the description in relation to which registration is sought; or

(ii) in the case of an application for registration as a social service worker other than a social worker, satisfies such requirements as the Council may by rules impose in relation to social service workers of the description in relation to which registration is sought,

it shall grant the application unconditionally....

(2A) Where an application is granted unconditionally—

(a) the Council shall give the applicant notice of its so granting the application; and

(b) registration shall take effect immediately on such notice being given.

(2B) If the Council is not satisfied as mentioned in subsection (2), it shall—

(a) grant the application subject to such conditions as it thinks fit; or

(b) refuse the application.

(2C) The Council shall give the applicant notice of its decision under subsection (2B), which shall—

(a) give the Council's reasons for the decision; and

(b) explain the right of appeal conferred by section 51 of this Act.

(2D) A decision to refuse the application takes effect immediately on notice to that effect being given.

(2E) Notice of a decision to grant the application subject to conditions shall state—

(a) the conditions; and

(b) that, within fourteen days after service of the notice, the applicant may make written representations to the Council concerning any matter which the applicant wishes to dispute.

(2F) Subject to subsections (2G) and (2H), a decision to grant the application subject to conditions takes effect at the end of the fourteen day period mentioned in subsection (2E).

(2G) Where—

(a) the applicant makes such representations as are mentioned in subsection (2E);

(b) the Council, having considered the representations, confirms the decision mentioned in subsection (2F); and

the decision takes effect on the expiry of the fourteen day period mentioned in subsection (A1) of that section for bringing such an appeal.

(2H) Where an appeal against a decision mentioned in subsection (2F) is brought under section 51 of this Act (whether or not such representations as are mentioned in subsection (2E) are also made), the decision takes effect only when the appeal is finally determined or abandoned.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Variation etc. of conditions in relation to registration under Part 3

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(1) The Council may at any time give notice to a person registered under this Part ... of its decision to—

(a) vary or remove a condition for the time being in force; or

(b) impose an additional condition,

in relation to the registration.

(2) A notice under subsection (1) above shall

(a) give the Council's reasons for the decision;

(b) explain the right of appeal conferred by section 51 of this Act; and

(c) state the condition as varied, the condition which is removed or (as the case may be) the additional condition imposed.

Right to make representations to Council as respects proposal

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(1) A notice under section ... 47 of this Act shall state that, within fourteen days after service of the notice, the person to whom it is given may make written representations to the Council concerning any matter which that person wishes to dispute.

(2) Subject to subsections (3) and (4), a decision under section 47 of this Act takes effect at the end of the fourteen day period mentioned in subsection (1).

(3) Where—

(a) the person to whom notice under section 47 was given makes such representations as are mentioned in subsection (1);

(b) the Council, having considered the representations, confirms the decision mentioned in that section; and

the decision takes effect on the expiry of the fourteen day period mentioned in subsection (A4) of that section for bringing such an appeal.

(4) Where an appeal against a decision under section 47 is brought under section 51 (whether or not such representations as are mentioned in subsection (1) are also made), the decision takes effect only when the appeal is finally determined or abandoned.

Removal etc. from the Council’s register

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(1) The Council shall, by rules made with the consent of the Scottish Ministers, determine circumstances in which, and the means by which—

(a) an entry relating to a person in the register maintained by the Council may be removed from a part in which it appears;

(b) an entry removed by virtue of paragraph (a) above may be restored to the part in question;

(c) a person’s registration in a part of that register may be suspended (and that person treated as not being registered in that part notwithstanding that the relevant entry still appears in it) for such period as the Council may specify in the case in question;

(d) a suspension by virtue of paragraph (c) above may be terminated; and

(e) an entry in a part of that register may be altered (other than in implementation of a decision of which notice is given under section 47(1) of this Act).

(2) Rules under subsection (1) above shall—

(a) make provision as to—

(i) the procedure to be followed;

(ii) the standard of proof; and

(iii) the rules of evidence to be observed,

in proceedings brought (whether before the Council or before any committee of the Council) for the purposes of the rules; and

(b) provide for such proceedings to be in public except in such cases (if any) as the rules may specify.

(3) The Council shall maintain a register of persons who have been registered in the register maintained under section 44(1) of this Act but who, by virtue of paragraph (a) of subsection (1) above, are for the time being not so registered; and where an entry relating to a person is, by virtue of paragraph (b) of that subsection, restored, the entry relating to that person in the register maintained under this subsection shall be removed.

Notice of Council’s decision

50

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) If the Council decides—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in accordance with rules made under subsection (1) of section 49 of this Act, to do any of the things mentioned in paragraphs (a) to (e) of that subsection,

it shall give the person affected notice of the decision.

(3) A notice under subsection (2) above shall—

(a) explain the right of appeal conferred by section 51 of this Act;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Subject to subsection (5), a decision such as is mentioned in subsection (2) above... shall not take effect—

(a) if no appeal is brought, until the period of fourteen days after the giving of a notice under subsection (2) has elapsed; and

(b) if an appeal is brought, until that appeal is finally determined or is abandoned.

(5) A decision in accordance with rules under section 49(1) of this Act to suspend a person's registration in a part of the register maintained under section 44(1) of this Act takes effect immediately on notice of that decision being given.

Appeal

Appeal against decision of Council

51

(A1) Where—

(a) a person is given notice under subsection (2C) of section 46 of this Act of a decision to grant an application for registration under this Part subject to conditions;

(b) the person makes such representations as are mentioned in subsection (2E) of that section; and

the person may, within fourteen days after such confirmation is given, appeal to the sheriff against the decision.

(A2) Where—

(a) a person is given notice under subsection (2C) of section 46 of this Act of a decision to grant an application for registration under this Part subject to conditions; and

(b) no representations such as are mentioned in subsection (2E) of that section are made,

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